Chandler v. Atl. Scrap & Processing

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IN THE SUPREME COURT OF NORTH CAROLINA No. 35PA12 FILED 8 NOVEMBER 2013 CONNIE CHANDLER, Employee, by her Guardian ad Litem, CELESTE M. HARRIS v. ATLANTIC SCRAP & PROCESSING, Employer, LIBERTY MUTUAL INSURANCE COMPANY, Carrier On discretionary review pursuant to N.C.G.S. § 7A-31 of a unanimous decision of the Court of Appeals, ___ N.C. App. ___, 720 S.E.2d 745 (2011), affirming in part, reversing in part, and remanding an opinion and award filed on 25 February 2010 by the North Carolina Industrial Commission, as amended by an order filed by the Commission on 7 February 2011. Heard in the Supreme Court on 14 November 2012. Walden & Walden, by Daniel S. Walden and Margaret D. Walden, for plaintiff-appellee. Hedrick Gardner Kincheloe & Garofalo, LLP, by M. Duane Jones, for defendant-appellants. PER CURIAM. For the reasons stated in Mehaffey v. Burger King, ___ N.C. ___, ___ S.E.2d ____ (2013) (No. 24PA12), the decision of the Court of Appeals is affirmed as to the matter on appeal to this Court, and this case is remanded to that court for further CHANDLER V. ATLANTIC SCRAP Opinion of the Court remand to the Industrial Commission for further proceedings not inconsistent with Mehaffey. Justice BEASLEY did not participate in the consideration or decision of this case. AFFIRMED AND REMANDED. Justice NEWBY dissents for the reasons stated in his opinion in Mehaffey v. Burger King, ___ N.C. ___, ___ S.E.2d ___ (2013). -2-

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